HomeMy WebLinkAbout1999-03-23; City Council; 15106; Memorandum Of Understanding With CFAi
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CITY OF CARLSBAD - AGEbA BILL . ,
AB# iS.lob TITLE: APPROVAL OF A MEMORANDUM OF
MTG. &3/9 7
UNDERSTANDING WITH THE CARLSBAD
FIREFIGHTERS’ ASSOCIATION (CFA) AND
APPROPRIATION THEREFORE; AND ADOPTION OF
DEPT. HR THE PERS HEALTH PLAN FOR CFA MEMBERS
91 Adopt Resolution No. ?‘t * approving a Memorandum of Understanding with the Carlsbad
Firefighters’ Association (CFA) and Resolution No.QC)*?g adopting the PERS Health Plan for the
membership of the Carlsbad Firefighters’ Association (CFA).
ITEM EXPLANATION:
Representatives of the City and the Carlsbad Firefighters’ Association (CFA) have met and conferred
in good faith and have reached an agreement regarding wages, hours, and other terms and conditions
of employment for fire employees. The term of the Memorandum of Understanding with CFA shall
be from January 1, 1999, through December 31, 1999, and includes the following:
The MOU specifies that all CFA represented employees will receive a five percent (5%)
salary increase effective January 1, 1999. This increase will be retroactive to the pay period to
include January 1, 1999.
The MOU also specifies that employee health insurance contributions will remain unchanged
from January 1,1999 through June 30,1999.
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Beginning July 1, 1999, the City shall enrol1 the members of this Association in the PERS
Health Plan. Also effective July 1, 1999, dental, vision and wellness benefits will no longer be
paid for by the City. The City will pay on behalf of all employees covered by this agreement
and their eligible dependents and qualified retirees the sum of sixteen dollars ($16) per month
for medical insurance through the PERS Health Plan. This amount is mandatory regardless of
whether the employee chooses to be covered by a medical insurance plan. In addition, the
City shall contribute the following monthly amounts (*) on behalf of each active employee
and eligible dependents toward the payment of 1) medical premiums under the PERS Health
Program, 2) contributions in the name of the employee (on a pre-tax basis) to the City’s
flexible spending account(s), 3) contributions (on a pre-tax basis) of some or all of the
premium for dental or vision coverage being paid by the employee through the CFA:
Categorv
All active employees - Employee Only
All active employees - Employee + One Dependent
All active employees - Employee w/ 2+ Dependents
Qualified retirees - All coverage levels
Monthlv Contribution
$16 + $184* = $200
$16 + $313* = $229
;;; + $428* = $444
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PAGE 2 OF AGENDn BILL NO. 14 /ii16
In order to contract for coverage under the Public Employees’ Medical and Hospital Care Act, the
public agency must file a separate resolution with PERS. Although the fire association members will
not have coverage under the PERS Health Program until July 1, 1999, this Resolution is being
submitted for Council consideration at this time in order to allow enough time for a smooth transition
from one selection of health insurance providers to another.
FISCAL IMPACT:
The projected annual cost to the City for the salary adjustment is estimated at $345,000. The fiscal
year 1998/1999 impact will be $172,500. Funds to cover this increase will be transferred from the
Council Contingency to cover this salary increase.
For CFA represented employees, the additional cost to the City due to health insurance increases for
fiscal year 1998/1999 will be approximately $51,000, due to the cost increases associated with the
Reliastar, Sharp and Kaiser Health Plans which will be realized in January - June 1999. Funds to
cover this increase will be transferred from the Council Contingency to cover the health insurance
increases for CFA employees. Estimated revenues and appropriations in the Health Insurance Fund
should be increased by $5 1,000 to cover the overall increase in health insurance costs for CFA
represented employees.
It is estimated that the transition to PERS Health will result in a cost savings to the City of
approximately $135,000 annually. This savings will be reflected in the 1999/2000 budget.
EXHIBITS:
1. Resolution No. 99 c ” adopting the Memorandum of Understanding between the City of
Carlsbad and the Carlsbad Firefighters’ Association.
2. Memorandum of Understanding between the City of Carlsbad and the Carlsbad Firefighters’
Association.
3. Resolution No 9 9 ’ 9 . Electing to be Subject to Public Employees’ Medical and Hospital Care
Act Only With Respect to Members of the Carlsbad Firefighters’ Association and Fixing the
Employer’s Contribution at an Amount At or Greater Than That Prescribed by Section 22825
of the Government Code.
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RESOLUTION NO. 99-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF
UNDERSTANDING BETWEEN REPRESENTATIVES OF
MANAGEMENT AND THE CARLSBAD FIREFIGHTERS’
ASSOCIATION.
WHEREAS, representatives of management and the Carlsbad Firefighters’
Association have met and conferred in good faith pursuant to the Meyers-Millias-Brown
Act regarding wages and other terms and conditions of employment; and
WHEREAS, said representatives have reached agreement which they desire to
submit to the City Council for consideration and approval; and
WHEREAS, the City Council has determined it to be in the public interest to
accept such an agreement in the form of a Memorandum of Understanding, marked
Exhibit 2 and incorporated by reference herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That $172,500 is hereby appropriated from the Council Contingency to
cover the expense of a 5% salary adjustment for all CFA represented classifications
effective the pay period inclusive of January 1, 1999.
3. That the Classification and SaIary Range Schedule for CFA represented
employees as set forth in Attachment A of Exhibit 2 is hereby approved.
4. That $51,000 is hereby appropriated from the Council Contingency to
cover the increase in the cost of the health insurance premiums during the 1998/l 999
fiscal year.
5. That estimated revenues and appropriations in the Health Insurance Fund
should be increased by $51,000 to cover the overall increase in health insurance costs for
CFA represented employees for the 1998/l 999 fiscal year.
6. That the Memorandum of Understanding between the Carlsbad
Firefighters’ Association and the City is hereby approved and the City Manager is
authorized and directed to execute it.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the March 23rd day of , 1999; by the following vote, to
wit on behalf of the City:
AYES: Council Members Lewis, Hall, Nygaard and Kulchin
NOES: None
ABSENT: Council Member Fi
ATTEST:
EXHIBIT 2
COPY
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this 2 xrd day of
parch 1999, by and between designated management representatives of the City of
Carlsbad (hereinafter referred to as the “City”) and the designated representatives of the Carlsbad
Firefighters Association, Inc. (hereinafter referred to as CFA, Inc., “employees”).
PREAMBLE
It is the purpose of this Memorandum of Understanding (hereinafter referred to as
“Memorandum”) to promote and provide for harmonious relations, cooperation, and
understanding between the City management representatives and the local safety fire employees
covered under this Memorandum; to provide an orderly and equitable means of resolving any
misunderstandings or differences which may arise under this Memorandum; and to set forth the
agreement of the parties reached as a result of good faith negotiations regarding wages, hours,
and other terms and conditions of employment of the employees covered under this
Memorandum, which agreement the parties intend jointly to submit and recommend for City
Council approval and implementation.
ARTICLE 1. RECOGNITION
The City of Carlsbad recognizes CFA, Inc., as the majority representative for all classifications
in this Unit, as set forth in Attachment A of the Petition for Recognition, submitted January 28,
1976, in accordance with the provisions of Section 2.43.090 (1) of the Carlsbad Municipal Code.
ARTICLE 2. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City
Council following ratification of the Memorandum by the membership of CFA, Inc. It is agreed
that the City will act in a timely manner to make the changes in City ordinances, resolutions,
rules, policies, and procedures necessary to implement this Memorandum.
ARTICLE 3. TERM
The term of this Memorandum of Understanding shall be from January 1,1999, through
December 3 1,1999.
As of January 1,1999, the terms of this Memorandum of Understanding will supersede the
provisions of the prior Memorandum of Understanding approved by Resolution No. 97-79
adopted by the City Council of the City of Carlsbad on March 4,1997.
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ARTICLE 4. RENEGOTIATION
In the event either party desires to meet and confer in good faith on the terms of a successor
Memorandum of Understanding, that party shall serve upon the other a notice of such intent
approximately one hundred twenty (120) days prior to expiration of the Memorandum of
Understanding. Not more than thirty (30) days following such notice the parties shall meet. At
such meeting, the parties will decide on a date for the mutual exchange of the issues each wishes
to address during the meet and confer process. Such exchange shall occur not more than thirty
(30) days after such meeting.
ARTICLE 5. RETENTION OF BENEFITS
The employees represented by CFA, Inc., shall retain all present benefits for the term of this
agreement, as amended by this Memorandum, with the exception of the following subjects which
the City may elect to utilize to address fiscal difficulties it faces now or in the future:
. Matters That Fall Within the Scone of Renresentation:
The City agrees to give advance notice and opportunity to meet and confer on the
subject of current wage levels and benefits, as matters which fall within the scope
of representation, before taking any action impacting employees within the
bargaining unit.
. Management Rights:
The City’s decisions regarding staffig levels, station closures, layoffs,
reorganization, and furloughs which the City may elect to utilize to address fiscal
difficulties it faces now or in the future, are management rights. Nevertheless, the
City agrees to give advance notice and the opportunity to discuss these subjects
before taking any action impacting employees within the bargaining unit.
ARTICLE 6. CITY RIGHTS
The rights of the City include, but are not limited to the exclusive right to determine the mission
of its constituent departments, commissions, and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of governmental operations; determine the methods,
means, and personnel by which government operations are to be conducted; determine the
content of job classifications; take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization and the technology of
performing its work.
ARTICLE 7. NO STRIKE AND NO LOCKOUT
A. No Strike. During the life of this Agreement, neither the employees nor any agents or
representatives will instigate, promote, sponsor, engage in, or condone any strike
(including sympathy strike), slowdown, concerted stoppage of work, sickouts, or any
other intentional disruption of the operations of the City, regardless of the reason for so
doing.
B. Any employee engaging in activity prohibited by Article 7.A., or who instigates Penaltv.
or gives leadership to such activity, shall be subject to disciplinary action.
C. No Lockout. During the term of this Agreement, the City will not instigate a lockout
over a dispute with the employees so long as there is no breach of Section 7.A.
D. Association Official Resnonsibili&. Each employee who holds the position of offker of
the Employee Association occupies a position of special trust and responsibility in
maintaining and bringing about compliance with the provisions of this Article, the
employees agree to inform its members of their obligations under this Agreement and to
direct them to return to work.
ARTICLE 8. COMPENSATION ADJUSTMENTS
Effective the pay period inclusive of January 1, 1999, all represented classifications shall receive
a (5%) increase in salary.
ARTICLE 9. BEREAVEMENT LEAVE
An employee may use up to two shifts (48 hours) of paid leave if required to be absent from duty
due to the death of a member of the employee’s immediate family. The usage of bereavement
leave, however, is limited to three consecutive days which may or may not include a scheduled
shift(s). Additional time off may be authorized by the department head and charged to accrued
vacation or treated as leave without pay.
The “immediate family” shall be defined as: spouse, child, parent, sibling, grandparents;
the aforementioned either natural, step or in-law, or any person over which the employee
acts as legal guardian, or a verifiable current member of the immediate household.
The employee may be required to submit proof of relative’s death before being granted paid
leave.
ARTICLE 10. LONG TERM DISABILITY
During the term of this Memorandum, City agrees to continue to provide long term disability
insurance. Said insurance shall provide for a thirty (30) day waiting period prior to payment
eligibility. In all other respects, said insurance shall continue unchanged.
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ARTICLE 11. ANNUAL VACATION LEAVE
The City and CFA, Inc., agree to continue the following annual vacation leave schedule:
1 through 5 full calendar years of continuous service - 128 hours
6 through 10 full calendar years of continuous service - 192 hours
10 through 11 full calendar years of continuous service - 205 hours
11 through 12 full calendar years of continuous service - 218 hours
12 through 13 full calendar years of continuous service - 23 1 hours
13 through 15 ml1 calendar years of continuous service - 244 hours
16 and over ml1 calendar years of continuous service - 256 hours
ARTICLE 12. LINEN PROVISION. MAINTENANCE. AND REPLACEMENT
The City agrees to provide one set of bed linen and two towels per person for all shift personnel.
To assist in maintenance, all fire stations will be equipped with washing machines and dryers;
shift personnel will be responsible for maintaining their own linens and towels.
The City agrees to replace linens and towels on an “as needed” basis, with a maximum
replacement of once per calendar year.
ARTICLE 13. HEALTH INSURANCE
A. Kaiser Permanente, Reliastar and Sham Health Plans
For employees covered by the Kaiser, Reliastar or Sharp health insurance plans, health
insurance contributions will remain unchanged from January 1,1999 through June 30,1999.
Employees will make the following health insurance contributions from January 1, 1999
through June 30,1999:
Cateeorv
Monthly
Emnlovee Contribution
Reliastar Kaiser Sham
Employee Only 37.00 27.42 27.42
Employee + 1 Dependent 87.06 54.82 54.82
Employee w/ 2+ Dependents 114.56 77.62 77.62
Dental coverage: The rates quoted above include dental insurance coverage administered by
Reliastar for employees in all medical plans. Effective July 1, 1999, dental coverage under
the Reliastar plan will no longer be paid for by the City.
Vision care coverage: For employees enrolled in the Reliastar medical plan, the rates quoted
above include vision care coverage (including exams, frames and lenses) administered by
Vision Service Plan. Employees enrolled in Kaiser Permanente or Sharp medical plans are
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covered for vision exams only through their chosen medical plan. Effective July 1, 1999,
vision coverage under Vision Service Plan, Kaiser Permanente or Sharp Health Plan will no
longer be paid for by the City.
Wellness benefit: A separate welhress benefit is provided for employees enrolled in the
Reliastar medical plan. This benefit provides that up to $250 of eligible wellness expenses
will be reimbursed per calendar year. Employees enrolled in Kaiser or Sharp medical plans
are covered for most preventive care expenses as part of their chosen medical plan.
Effective July 1, 1999, fire employees will no longer be reimbursed for any wellness
expenses as part of this wellness benefit.
B. PERS Health Plan
Bl. Beginning July 1,1999, the City will pay on behalf of all employees covered by this
agreement and their eligible dependents and those retirees designated in Section B2 of
this Article, the sum of sixteen dollars ($16) per month for medical insurance through the
Public Employees’ Retirement System (PERS). This amount is mandatory regardless of
whether the employee chooses to be covered by a medical insurance plan.
All active members of the association must enrol1 in one of the health plans offered
through PERS. Beginning July 1, 1999, the City shall contribute the following monthly
amounts on behalf of each active employee and eligible dependents toward the payment
of 1) medical premiums under the PERS health program, 2) contributions in the name of
the employee (on a pre-tax basis) to the City’s flexible spending account(s), 3)
contributions (on a pre-tax basis) of some or all of the premium for dental or vision
coverage being paid by the employee through the CFA:
(4 For employees with “employee only” coverage, the City shall contribute one
hundred eighty-four dollars ($184) per month. If the actual total premiums
exceed the aggregate of sixteen dollars ($16) and one hundred eighty-four
dollars ($184), the employee will pay the difference.
For employees with “employee plus one dependent” coverage, the City shall
contribute three hundred thirteen dollars ($3 13) per month. If the actual
total premiums exceed the aggregate of sixteen dollars ($16) and three
hundred thirteen dollars ($3 13), the employee will pay the difference.
(4 For employees with “employee plus two or more dependents” coverage, the
City shall contribute four hundred twenty-eight dollars ($428) per month. If
the actual total premiums exceed the aggregate of sixteen dollars ($16) and
four hundred twenty-eight dollars ($428), the employee will pay the
difference.
Under no circumstances will the difference between the actual premium and the contract
maximum be paid to the employee in cash.
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B2. The City shall continue to contribute the monthly sum of sixteen dollars ($16) for each
retired employee who was a member of this bargaining unit, who meets the criteria for
enrolhnent as outlined by PERS, and who elects to participate in the PERS Health
Insurance Plan by tiling with the City a written request to participate.
ARTICLE 14. COMMUNICATIONS
The parties agree to continue meeting at least once each month during the term of this agreement
for the purpose of continuing communications on subjects of mutual concern.
ARTICLE 15. HOLIDAYS
The City shall observe the following scheduled paid holidays, consistent with the annual holiday
schedule published by the Human Resources Department:
New Year’s Day Columbus Day
Lincoln’s Birthday Veteran’s Day
Washington’s Birthday Thanksgiving
Memorial Day Thanksgiving Friday
Independence Day Christmas Day
Labor Day One (1) Floating Holiday
Employees working a 56 hour work week shall be compensated for eight (8) hours of holiday
work at a rate of time and one half during the pay period in which the holiday occurs. The
floating holiday will be compensated during the pay period inclusive of April 15.
Employees working a 40 hour work week will observe the scheduled paid holidays listed above,
and will be allowed to use the floating holiday at the discretion of the employee upon prior
approval of the Department,Head.
ARTICLE 16. PROVISION OF 1959 PERS SURVIVORS’ BENEFIT
The City agrees to provide the Fourth Level of the 1959 Survivors’ Benefit
ARTICLE 17. COMPENSATORY TIME
Employees shall be entitled to bank compensatory time in lieu of receiving overtime pay. For
each hour of overtime worked, the employee will be entitled to 1.5 hours of compensatory time.
Compensatory time is subject to the following conditions:
A. 56 HOUR WORK WEEK EMPLOYEES:
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1. Compensatory time shall be kept in an individual account for each employee.
Accounts may be cashed out, at the employee’s option, at the pay period falling
on or directly following July 1st of each calendar year. This cash out will occur if
the employee has provided written notice to the City by June 15th of their intent
to cash out. In any event, all accounts shall be cashed out on December 1st of
each calendar year.
2. Compensatory time may not be used for leave time.
3. If an employee’s sick leave balance drops below 100 hours, they are entitled to
convert up to 9 shifts worth of banked compensatory time (on an hour for hour
ratio) to sick leave, up to a maximum sick leave balance of 216 hours.
B. 40 HOUR WORK WEEK AND 9/80 WORK WEEK EMPLOYEES:
1. Overtime
Any employee required to perform in excess of 40 hours in a 7 day cycle and/or in
excess of an employee’s normal work day shall receive compensation at the rate
of time and one-half his/her regular rate of pay. The regular rate of pay shall
include the following components in addition to base salary:
1) Bilingual Pay
2) Longevity Pay
In determining an employee’s eligibility for overtime, paid leaves shall be
included in the total hours worked. Excluded from the total hours worked are
duty free lunches, travel time to and from work, and time spent conducting bona
fide volunteer activities.
There shall be no pyramiding of overtime. Hours worked by an employee in any
workday or workweek on which premium rates have once been allowed shall not
be used again in any other overtime calculation other than computing total actual
hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
2. Compensatory Time
In lieu of receiving overtime pay pursuant to Section 1 above, an employee may
elect, subject to department approval, to receive compensatory time off on a time
and one-half basis. No employee shall accrue more than 80 hours of such
compensatory time. Should any employee exceed 80 hours of accrued
compensatory time, he/she shall be paid at time and one-half his/her regular rate.
An employee may use such compensatory time within a reasonable period after
making the request if the use of compensatory time does not unduly disrupt the
operations of the department.
On December 1 of each year, an employee may elect to “cash out” any portion of
his/her accrued compensatory time at his/her regular rate of pay. Notice shall be
provided to the Human Resources Department no later than November 15 of the
employee’s election to “cash out” a portion of his/her accrued compensatory time.
This “cash out” shall be paid during the first pay period in December.
ARTICLE 18. FLEXIBLE WORK SCHEDULE FOR FIRE PREVENTION OFFICERS
9/80 Alternative Work Schedule:
The parties acknowledge that they met and conferred in good faith over the terms and conditions
for implementation of a 9180 work schedule for the Fire Prevention Officers. The result of that
meeting and conferring is reflected in the City of Carlsbad’s Administrative Order No. 57, by
which the parties will control implementation of the 9180 schedule. It is agreed that the 9/80
schedule will be implemented on a trial basis for a minimum period of nine (9) months and that
an evaluation will be conducted to determine whether the 9180 will be adopted. This article shall
not be subject to the grievance procedure.
ARTICLE 19. AMERICANS WITH DISABILITIES ACT
The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and
intend to apply and implement this MOU so as to comply with the ADA. The parties agree to
consult if compliance with the ADA may require modifying the provisions of this MOU.
ARTICLE 20. FAMILY LEAVE ACT
The parties acknowledge the applicability of the Family Leave Act (Act) and intend to apply and
implement this MOU so as to comply with the Act. The parties agree to consult if compliance
with the Act may require modifying the provisions of this MOU.
ARTICLE 21. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work
environment free from the effects of drugs and alcohol consistent with the directives
of the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical
laboratory which is certified by the National Institute on Drug Abuse (NIDA), now
known as the Substance Abuse & Mental Health Services Administration
(SAMHSA). All procedures and protocols for collection, chain of custody and
testing will be conducted consistent with standards required under SAMHSA
certification. This policy is intended to accomplish that objective.
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A.
B.
Definitians - As Used in This Policv:
1. “Drug” means any substance which produces a physical, mental,
emotional or behavioral change in the user, including but not limited
to, prescription medications, heroin, cocaine, morphine and its
derivatives, P.C.P., methadone, barbiturates, amphetamines,
methamphetamines, alcohol, marijuana, and other cannabinoids.
2. “Workplace” means any site where City-assigned work is performed,
including City premises, City vehicles or other premises or vehicles,
while City-assigned work is being conducted, or within a reasonable
time thereafter.
3. “Reasonable suspicion” means a standard for evidence or other
indication of impairment of normal physical or mental skills by
alcohol or drugs where such impairment could negatively affect work
performance or could pose a threat to public or employee safety.
Emnlovee Resuonsibilities
1. As a condition of employment, employees shall:
a. not engage in the unlawful manufacture, distribution,
dispensation, possession or use of alcohol or drugs nor be under
the influence of alcohol or drugs in the workplace or while on-
call;
b. submit to an alcohol and drug analysis and remain on the
premises when requested to do so by City management, acting
pursuant to this policy, or by law enforcement personnel;
C. notify the City of any conviction under a criminal drug statute
(including any pleas of nolo contendere), if such conviction was
based on a violation which occurred in the workplace, no later
than five days after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d. abide by all terms of this policy.
2. Employees are encouraged to notify their supervisors when taking any
medication or drugs, prescription or non-prescription (over-the-counter
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C.
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D.
medications), which may interfere with safe or effective performance
of their duties or operation of City equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal drug statute whose scope and employment
are relevant to City employment may result in disciplinary action up to
and including termination if there is relevant nexus between such off-
duty involvement and the employee’s employment with the City,
consistent with the legal requirements for disciplinary due process.
Emnlover Searches
For the purpose of enforcing this policy and maintaining a drug-free
workplace, the City reserves the right to search, with or without prior
notice to the employee, all work areas and property in which the City
maintains full or joint control with the employee, including but not limited
to City vehicles, desks, lockers, file cabinets, and bookshelves. These
areas remain part of the workplace context even if the employee has
placed personal items in them. Employees are cautioned against storing
personal belongings in work areas under full or joint City control since
such work areas may be subject to investigation and/or search under this
policy.
Employer searches shall occur when there is a determination of
“reasonable suspicion” as defined herein. Such searches shall be
conducted by persons having supervisory and/or other legal authority to
conduct such searches. Searches will not normally occur without
concurrence of more than one supervisor. Nothing herein shall prevent
the City from taking appropriate action if there is an inadvertent discovery
of evidence of drug or alcohol use.
Conseauences of Violation of Policv
1. Failure to abide by the terms of this policy shall be grounds for
disciplinary action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide
by this policy may also be directed or allowed to satisfactorily
participate in an approved alcohol or substance abuse assistance or
rehabilitation program.
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II. DRUG AND ALCOHOL ANALYSIS
A. Pre-emnlovment Drug and Alcohol Analvsis
1. Prior to receiving an offer of employment, an otherwise successful
candidate must submit to a drug and alcohol analysis. At the City’s
discretion, this analysis may be in the form of “breathalizer,” urine, or
blood analysis.
2. Persons whose results are positive for either drugs or alcohol will be
rejected for City employment.
Emulovee Drug and Alcohol Analvsis
1. If a manager or supervisor of the City has reasonable suspicion that an
employee is under the influence of drugs or alcohol while in the
workplace or subject to duty, the employee shall be:
a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the City’s
discretion, this analysis may be in the form of “breathalizer,”
urine, or blood analysis.
C. An employee may also be required to remain on the premises for
a reasonable time until arrangements can be made to transport the
employee to his or her home.
2. Some examples of “reasonable suspicion” as defined in Section 1 .A.3.
include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
C. unsteady walking or movement not related to prior injury or
disability;
d. an accident involving City property having no obvious causal
explanation other than possible employee responsibility;
e. physical or verbal behaviors that are disruptive, non-responsive,
unusual for that employee or otherwise inappropriate to the
workplace situation;
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f. attributable possession of alcohol or drugs;
I5 information obtained from a reliable person with personal
knowledge that would lead a reasonably prudent supervisor to
believe that an employee is under the influence of alcohol or
drugs.
3. Refusal to remain on the premises or to submit to a drug and alcohol
analysis when requested to do so by City management or by law
enforcement officers shall constitute insubordination and shall be
grounds for discipline, up to and including termination.
4. A drug and alcohol analysis may test for the presence of any drug
which could impair an employee’s ability to effectively and safely
perform the functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in
disciplinary action, up to and including termination.
6. City agrees to take steps to protect the chain of custody of any drug
test sample.
7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed
necessary by the City.
EMPLOYEE ASSISTANCE PROGRAM
A. The City has a well established voluntary Employee Assistance Program
(EAP) to assist employees who seek help for substance abuse problems.
The EAP is available for assessment, referral to treatment, and follow-up.
Any employee of the City wishing confidential assistance for a possible
alcohol or drug problem can call the EAP office and arrange for an
appointment with a counselor. The EAP program is provided by
Blue Cross of California and can be reached by calling l(800) 999-7222.
B. Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-
referral contacts are held in confidence by the EAP.
C. Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation
of any City policy.
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ARTICLE 22. SICK LEAVE ACCRUAL
All employees working a 56 hour work week shall be entitled to accrue sick leave at a rate of 149
hours per year.
All other employees shall be entitled to accrue sick leave at a rate of 96 hours per year.
ARTICLE 23. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum of
Understanding:
A. City’s principal authorized agent shall be the City Manager or a duly authorized
representative. Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008;
Telephone (760) 434-2852, except where a particular City representative is specifically
designated in connection with the performance of a specific function or obligation set
forth herein.
B. CFA, Inc., principal authorized agent shall be its President or duly authorized
representative. Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008;
Telephone: (760) 434-2 14 1.
ARTICLE 24. FULL UNDERSTANDING. MODIFICATION. WAIVER
A. It is the intent of the parties that this Memorandum of Understanding set forth the full and
entire understanding of matters agreed to upon conclusion of meet and confer sessions
which resulted in this Memorandum. Any other matters not contained herein, which were
addressed during the course of the meet and confer process, resulting from this
Memorandum, are superseded and terminated in their entirety. Any understanding or
agreement, not contained herein, whether formal or informal, which occurred during the
course of meet and confer sessions, resulting in this Memorandum, are terminated or
superseded in their entirety.
B. It is the intent of the parties that this Memorandum of Understanding be administered in
its entirety in good faith during its full term.
It is recognized that if during such term it may be necessary for the City to propose
changes in matters within the scope of representation not contained in this agreement, the
City shall notify CFA, Inc., indicating the proposed change prior to its implementation.
If CFA, Inc., wishes to consult or negotiate with the City regarding the matter, CFA, Inc.,
shall notify the City within five (5) working days from the receipt of such notice. Upon
receipt of such notice, the parties shall meet promptly in an earnest effort to reach a
mutually satisfactory resolution of any problem arising as a result of the change instituted
by the City.
Where the City makes such changes because of the requirements of the law, the City shall
not be required to negotiate the matter of compliance with any such law.
13
Nothing herein shall limit the authority of the City to make such changes required during
emergencies. However, the City shall notify of such changes as soon as practicable.
Such emergency assignments shall not extend beyond the period of emergency.
“Emergency” shall be defined as an unforeseen circumstance requiring immediate
implementation of the change.
C. Failure by CFA, Inc., to request consultation as negotiations, pursuant to Paragraph B,
shall not be deemed as approval of any action taken by the City.
D. Except as specifically provided in this Memorandum of Understanding, it is agreed and
understood that each party hereto voluntarily and unqualifiedly waives its right, and
agrees that the other shall not be required, to negotiate with respect to any other matters
within the scope of negotiations, during the term of this Memorandum of Understanding.
E. Any agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained herein shall not be binding upon the parties hereto unless
made and executed, in writing by all parties hereto, and if required, approved and
implemented by the City Council.
F. The waiver of any breach, term, or condition of this Memorandum of Understanding by
either party shall not constitute a precedent in the future enforcement of all its terms and
provisions.
ARTICLE 25. PROVISIONS OF LAW
It is understood and agreed that this Memorandum of Understanding is subject to all current and
future applicable federal and state laws, federal and state regulations. If any part or provision of
the Memorandum of Understanding is in conflict or inconsistent with such above applicable
laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or
competent jurisdiction, such part or provision shall be suspended and superseded by such
applicable law or regulations, and the remainder of this Memorandum of Understanding shall not
be affected thereby.
14
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to
execute this Memorandum of Understanding the day, month, and year first above written.
CITY OF CARLSBAD
Approved as to form:
CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC.
8&&
DONALD KREPPS, President
Approved as to form:
..-.-. - w-.
. STEINER, Tosdal, Levine, Smith & Steiner
15
Attachment A
RANGE
35
39
40 .
41
45
49
CLASSIFICATION WOE
~FIREFIGHTER 35
CARLSBAD FIRE DEPARTMENT
BIWEEKLY SALARY SCHEDULE
January 1,1999
STEP A STEP B STEP C STEP D STEP E 1 RANGE
I
$1,466.03 $1,539.33 $1,616.30 $1,697.11 $1,781.97 35
$1,667.03 $1,750.38 $1,837.90 $1,929.80 $2,026.29 39
$1,657.20 $1,740.06 $1,827.07 $1,918.42 $2,014.34 40
$1,699.80 $1,784.79 $1,874.03 $1,967.73 $2,066.12 41
$1,952.15 $2,049.76 $2,152.24 $2,259.86 $2,372X 45
$2,090.90 $2,195.44 $2,305.2 1 $2,420.47 $2,541.50 49
FIRE ENGINEER
FIRE PREVENTION OFFICER II
PARAMEDIC FIREFIGHTER
FIRE CAPTAIN
CAITAIN SPECIALIST
39
40
41
45
49
-
RESOLUTION NO. 99-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ELECTING TO BE SUBJECT TO
PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT
ONLY WITH RESPECT TO MEMBERS OF THE CARLSBAD
FIREFIGHTERS’ ASSOCIATION AND FIXING THE EMPLOYER’S
CONTRIBUTION AT AN AMOUNT AT OR GREATER THAN THAT
PRESCRIBED BY SECTION 22825 OF THE GOVERNMENT CODE.
WHEREAS, Government Code Section 22850.3 provides that a contracting
agency may elect upon proper application to participate under the Public Employees’
9 Medical and Hospital Care Act with respect to a recognized employee organization only;
10
and 11
12 WHEREAS, the City of Carlsbad hereinafter referred to as Public Agency is a
13 local agency contracting with the Public Employees’ Retirement System; and
14 WHEREAS, the Public Agency desires to obtain for the members of the Carlsbad
15 Firefighters’ Association (CFA) who are employees and annuitants of the agency, the
16
17
18
19
benefit of the Act and to accept the liabilities and obligations of an employer under the
Act and Regulations;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of
20 Carlsbad, California, as follows:
21 1. That the above recitations are true and correct.
22 2. That the Public Agency elect, and it does hereby elect, to be subject to the
23 provisions of the Act; and be it further
3. That the employer’s contribution for each employee or annuitant shall be
the amount necessary to pay the full cost of his/her enrollment, including the enrollment
24
25
26
27 of family members, in a health benefits plan or plans up to a maximum of sixteen ($16)
28
per month plus administrative fees and Contingency Reserve fund assessments; and be it
further
4. That the executive body appoint and direct, and it does hereby appoint and
direct, the Human Resources Director to file with the Board of Administration of the
Public Employees’ Retirement System a verified copy of this Resolution, and to perform
on behalf of said Public Agency all functions required of it under the Act and Regulations
of the Board of Administration; and be it further
5. That coverage under the Act be effective on July 1, 1999.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 23rd day of March , 1999; by the following vote, to
wit on behalf of the City:
AYES: Council Members Lewis, Hall, Nygaard and Kulchin
NOES: None
ABSENT: Council Member Finn
ATTEST:
aktccde4za v
ALETHA L. RAUTENKRANZ, City Clerk
(SEW